A small group of environmental law professors gathered recently for a two-day workshop on the concept and practice of sustainability. I was asked to lead a discussion about the relationship between sustainability and equity. The group decided to take the next step of publishing a series of essays on the topics we addressed, and the following is my contribution.

From top to bottom, climate change has altered the earth’s systems in ways that render impossible a static notion of sustainability. The idea of fixed natural baselines, contested to begin with, today is nearly quixotic. The many losses accompanying this state of affairs include the homelands of small island nations, Native Alaskan villages, and flood-prone communities throughout the world. They also include untold numbers of species, large and small. For many communities, the shocks and adjustments will be ongoing. The challenge for all will be to reconfigure economies and cultures that have been structured around an anachronism– what used to be the local climate.

This may seem like a terrible time to cast a critical eye on the past of the American environmental movement. Instead of looking at its flaws, we might be drawn to glossing over problems in order to unify support for very strong climate change mitigation and adaptation policies. Yet glossing over might prove counterproductive. The inescapably damaged state of the world we are trying to preserve provides an opportunity to escape from narratives that have divided communities over environmental policies. Those narratives include saving the environment from people and preserving pristine places from contamination.

Let’s explore those narratives in two places. Aspen, Colorado is a former mining town reborn as a luxury ski resort. Efforts to preserve the wilderness and other natural resources of the surrounding mountains have coincided with pricing Aspen out of any reasonable housing market and creating a distant commuter class of service workers, composed mostly of Latino immigrants. The two phenomena do not have to coincide. The conversion from a boom-and-bust extractive industry economy to an amenity and service-based economy can be managed in ways that produce equitable distributions of environmental and social benefits. But often it is not. The path to easy money for developers is the path of environmental privilege. Wealthy people come for real estate or experiences near beautiful and sparsely populated public lands, and then structure a service economy around the protection of their privileges. (To be clear, I do not mean to say that individual wealthy people do this intentionally; the logic of this type of development is naturalized in a way that makes it invisible to many well-intentioned people.) This often includes, as it has in Aspen, externalizing a range of costs and impacts to outlying communities. Service workers must commute by car from distant places. The towns where they live, which have lower tax bases than Aspen, provide the schools and other services to Aspen’s working class. In short, Aspen is a place of environmental and class extremism, where the very wealthy enjoy the best that the Rocky Mountains can offer in terms of scenery and access to wilderness and other outdoor activities, and low-income workers live in distant communities, drive hours to and from their jobs, and barely have time to notice that the supposedly transformative experience of pristine nature surrounds them.

Estate in Aspen, Colorado

Black Mesa, Arizona is a high desert plateau, most of which is on the Navajo Nation but portions of which comprise the Hopi Tribe’s land. The Navajo and Hopi people of Black Mesa are among the more traditional Native communities in the country in terms of maintaining their ancestral lands as well as the religions and cultures tied to those places. The community is not a monolith, but it is fair to say that most of the Navajo and Hopi people who live there have strong interests in ensuring that their water (from underground pristine aquifers), their land, and their air can sustain many future generations who will perpetuate Navajo and Hopi life ways. The threats to their ability to ensure that future come from two main sources: the strip mining of coal on Black Mesa (and the accompanying pumping of ground water from the aquifers to mine and transport the coal), and the pollution from the several coal fired power plants that surround the Navajo Nation, including the Navajo Generating Station which receives all of its coal from Black Mesa. None of the electricity generated at the Navajo Generating Station supplies power to people on the Navajo or Hopi reservations. Instead, the power is used by the Salt River Project, Los Angeles Water & Power, Nevada Energy, Arizona Public Service Co., Tucson Electric Power, and the U.S. Bureau of Reclamation. The beneficiaries of coal mining, aquifer pumping, and emissions from the coal fired power plant are therefore corporations and people in the distant cities of Los Angeles, Las Vegas, Phoenix and Tuscon. The recipients of all of the environmental burdens are the Navajo and Hopi people, whose land, resources, and water serve as raw material to develop these far away places.

Hard Rock Chapter, Black Mesa, Navajo Nation

Contemporary environmental laws, in place since the early 1970’s, have done tremendous good, but have done little to curb the extreme inequities in the distribution of environmental burdens and benefits exemplified in these two very different places. In Aspen, the narrative of keeping people out of pristine places is at play. On Black Mesa, the narrative at work is one that separates the plight of subordinated people from the structural forces that harm our environment. The build-up of Los Angeles and Phoenix surely seemed foregone, inevitable, and right to those involved in it. What thought was given to the Native communities on whose backs those cities were built? Their lands were seen as nothing but the disposable raw material from which to build something better.

As we move forward, post climate change, with only a murky comprehension of how best to preserve remnants of the faultless non-human world, perhaps we can reconsider how to weave human communities and their just demands for equitable treatment into the picture. Otherwise, we may lean towards sustaining only non-human nature, and that will inevitably also benefit only certain classes and strata of humanity. We might unwittingly be sustaining a very hierarchical and increasingly rigid system of doling out environmental privileges and harms. If this is a moment of reconsideration, my vote is to construct a competing narrative of environmentalism, one that has a vision of vibrant, equitable, just and diverse communities of humans and non-humans as its end.

2 Responses to Sustainability and Equity in a Climate Changed World

I worked as an employment specialist at a refugee resettlement agency in Salt Lake City. Park City, UT is very similar to Aspen in that all the service workers have to commute from Salt Lake to get to work, because the real estate in Park City is prohibitively expensive. While this presents a challenge to equal access and enjoyment of the natural world, it also created an opportunity for many low-skill workers. Because service workers living in Park City were scarce, the employers in Park City were desperate for labor. Therefore, many of our extremely low-skilled workers, who could not speak English were able to work at the ski resorts, even though no one in Salt Lake was willing to hire them. They would get jobs in family groups with their sons and daughters rising to management positions because they were able to communicate with the non-English speakers. They also were compensated at much higher rates compared to similar low-skill jobs in Salt Lake.

Thanks– That’s a great example of how environmental amenity towns can provide real options for service workers, and there are many others. One advantage that Park City has over Aspen is the proximity to SLC, where housing is much cheaper. Many service workers in Aspen commute from as far as two hours away due to the high cost of real estate all up and down the Roaring Fork valley, though a fair number also live in the very interesting and progressive community of Carbondale, which is closer.

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